MATTER OF FARRY v. WARD


126 A.D.2d 7 (1987)

In the Matter of Richard Farry, Petitioner, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 24, 1987


Attorney(s) appearing for the Case

Carol Mellor of counsel (Joseph Fallek, P. C., attorney), for petitioner.

Paul Marks of counsel (Larry A. Sonnenschein and Nicole A. Gordon with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondents.

KASSAL and WALLACH, JJ., concur with MURPHY, P. J.; SANDLER, J., dissents in an opinion.


MURPHY, P. J.

After having been adjudged guilty in an administrative proceeding of possessing stolen property and of failing to take proper police action when he became aware that officers under his command had removed property from the scene of a past burglary, Sergeant Richard D. Farry, petitioner herein, was dismissed from the police force. We are now called upon to determine whether the administrative findings...

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